Dietz v. Farish
The Superior Court of New York City
Action for specific performance. The material facts in this case are as follows : The plaintiff and the defendant being in treaty for the purchase and sale of the house in question, met at the defendant’s office on the 26th of April, 1875, for the purpose of continuing the negotiations. The plaintiff brought to this place of meeting a printed form of contract, in duplicate, filled in with a description of the premises.
Read the full summary
Action for specific performance. The material facts in this case are as follows : The plaintiff and the defendant being in treaty for the purchase and sale of the house in question, met at the defendant’s office on the 26th of April, 1875, for the purpose of continuing the negotiations. The plaintiff brought to this place of meeting a printed form of contract, in duplicate, filled in with a description of the premises. There were present at this meeting, besides the parties, Mr. George W. Pell and Mr. Alexander T: Eobertson. The blanks were filled. The plaintiff signed both of the contracts,…
1Opinion of the CourtFreedman, J.
This is an action to compel the specific , performance of a contract for the sale and purchase of real estate.
The defense is two-fold: First, that the contract was never concluded so as to be binding upon the parties; and, secondly, ■ if it was, that a defect existed in plaintiff’s title.
Upon these issues evidence was introduced by both sides, and upon such evidence several interesting questions of fact and of law arise.
As to the facts, I shall only say that upon a proper application of the rules which govern in the consideration of testimony, the evidence preponderates so largely in favor of…
2Cases cited4 opinions
- Worrall v. . MunnNew York Court of Appeals · 1851
- Gilbert v. North American Fire InsuranceNew York Supreme Court · 1840
- Scrugham v. WoodNew York Supreme Court · 1836
- Jackson v. PerkinsNew York Supreme Court · 1829
3Cited by2 opinions
- Camp v. McLinSupreme Court of Florida · 1902
- Jordan v. HarrisonMissouri Court of Appeals · 1891